State v. Alecia

DAUKSCH, Judge.

Appellant appeals the trial court’s judgment declaring a portion of section 843.08, Florida Statutes (1995) unconstitutional and dismissing a charge of falsely assuming or pretending to be a deputy sheriff.

This case began when appellee tried to obtain information about recent suspicious activity in his neighborhood by falsely identifying himself as a deputy sheriff to two of his neighbors. He held out his wallet to make it look like he had a badge and asked them some questions about the suspicious activity.

Appellee was charged with violating section 843.08 by falsely assuming…